FAR 52.237-8 - Restriction on Severance Payments to Foreign Nationals

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Prescribed in 37.113-2(a)
Effective Date:	1 August 2003
Clause or Provision:	Provision
Provision or Clause Number:	52.237-8 - Restriction on Severance Payments to Foreign Nationals
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Time and Materials/Labor Hour; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Cost Reimbursement, Service; Cost Reimbursement, R&D; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase)
Optional:	Utility Services; Facilities; Indefinite Delivery; Fixed Price, Service
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription
Clause Overview:	Provision (a) The Federal Acquisition Regulation (FAR), at 31.205-6(g)(6), limits the cost allowability of severance payments to foreign nationals employed under a service contract performed outside the United States unless the agency grants a waiver pursuant to FAR 37.113-1 before contract award. (b) In making the determination concerning the granting of a waiver, the agency will determine that— (1) The application of the severance pay limitations to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for— (i) Members of the armed forces stationed or deployed outside the United States; or (ii) Employees of an executive agency posted outside the United States; (2) The Contractor has taken (or has established plans to take) appropriate actions within its control to minimize the amount and number of incidents of the payment of severance pay to employees under the contract who are foreign nationals; and (3) The payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract, or is necessary to comply with a collective bargaining agreement.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	K
Editor:	Marshall

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Personal notes.